This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The United States, as amicus, argues that to prove ineffective assistance a defendant must show both deficient performance and prejudice, as required by Strickland.
Background and question before the Court
According to Chief Justice Rehnquist, chief Justice Rehnquist announced the hearing in No. 01‑400, Ricky Bell v. Gary Bradford Cone.
What each side argues
Petitioner Position
Source-limited. The record does not yet support a complete account.
Respondent Position
The respondent argues that counsel’s failure to present evidence of the defendant’s Bronze Star and other life‑saving arguments during the penalty phase amounted to a total abdication of advocacy, depriving the defendant of a chance to argue for life.
What happened at oral argument
Justice Scalia asked, “And he did not allude to that evidence?”
Justice Breyer asked, “All he has abandoned is his closing statement…?”
Justice Souter asked, “Well, that's the whole problem… if we were analyzing it under Strickland…?”
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- e64fb04068be20e8d021-r1-ab90f68d515c9605.pdforal argument transcript
Guide generated September 19, 2026. Automated validation accepted this version.